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HomeMy WebLinkAboutMinutes - 03/12/2007 - City Council REGULAR MEETING MARCH 12, 2007 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, March 12, 2007 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Giab, Schaefer, Murgatroyd, Wimmer and Condon. Absent: Alderman Peterson. City Staff in attendance were: City Administrator Mlaxeiner, City Attorney David Rogers, City Clerk Jones, Deputy City Administrator Martin, Assistant City Administrator Hobson, Director of Community Development Napoiitano, Director of Parks and Recreation Merkel, Director of Finance Black. Absent: City Attorney McArdle, Chief of Police O'Meara. PUBLIC INPUT SESSION— 10 MINUTE LIMITATION There was no one who signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Wimmer, seconded by Santi, to approve the Consent Agenda as presented: A. Ordinance reducing the number of Class F1 Liquor Licenses from four to three; B. List of As-Needed Checks: AEGIS PROTECTION GROUP I 565.00 AFLAC 4,669.19 BANKCARD SERVICES 9,574.92 BENEFIT SYSTEMS & SERVIC 22,821.57 CHICAGO TITLE AND TRUST 32,000.00 FOP UNITS I/II 1,843.00 HIGH IMPACT TRAINING SOL 145.00 HOME DEPOT/GECF 782.58 ILLINOIS TOLLWAY 55.55 MERTZ, GARY 1,300.10 MUNICIPAL CLERKS OF 25.00 NCPERS GROUP LIFE INS. 367.00 NEXTEL COMMUNICATIONS 2,575.19 NORTHWEST NEWS GROUP OF 1,703.46 PETTY CASH FUND 186.57 PORTER, DAVID L 20.00 POSTMASTER MCHENRY IL 3,068.50 PRESENTA PLAQUE 114.09 SAM`S CLUB 158.97 SECRETARY OF STATE/INDEX 10.00 SPRINT 141.25 STARMAKER 59.75 STRAIN, DOUGLAS 2,555.00 UNITED PARCEL SERVICE 199.02 UNITED STATES LIFE INSUR 2,467.80 GRAND TOTALS 87,408.51 FUND TOTALS GENERAL FUND 61,245.18 WATER/SEWER FUND 694.55 EMPLOYEE INSURANCE FUND 22,825.94 RISK MANAGEMENT FUND 2,555.00 INFOW4ATION TECHNOLOGY FUND 87.84 TOTALS 87,408.51 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: None. ~" Absent: Peterson. Motion carried. March 12, 2007 Page 2 REQUEST FOR REIMBURSEMENT BY KIMBALL HILL HOMES FOR WEDGEWOOD �- TRAIL IMPROVEMENTS IN THE AMOUNT OF $22,900 Deputy City Administrator Martin stated the Wedgewood Trail connection between Boone Creek Subdivision and Legend Lakes Subdivision was dedicated as a part of Boone Creek Subdivision. As the connection from Boone Creek Subdivision to the Legend Lake Subdivision via Wedgewood Trail was not constructed, the developers of Boone Creek were required at that time to place in escrow funds which would pay for the eventual cost of constructing the roadway and utility improvements for the connection between the subdivisions. Kimball Hill is now requesting reimbursement for the extension of water main and sanitary sewer to their Legend Lakes Subdivision in the amount of $22,900 from the escrow fund. It is Staffs recommendation to release the funds to Kimball Hill Homes. Motion by Murgatroyd, seconded by Schaefer, to accept Staffs recommendation to reimburse Kimball Hill Homes from the Developer's Escrow Fund for infrastructure improvements made on Wedgewood Trail in the amount of$22,900. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: (None. Absent: Peterson. Motion carried. REQUEST FOR TEMPORARY USE TO ALLOW OUTDOOR DISPLAY, SALES AND STORAGE OF BOAT LIFTS/PIERS AT 2350 WEST ROUTE 120 In attendance was Rodney Schuh. Director of Community Development Napolitano stated Rodney Schuh, owner of Captain Rod's Boat Lifts and Piers is moving his business to 2350 West Route 120, the former Toolland Liquors location. Mr. Schuh is seeking a temporary use to allow the outdoor display, sales and storage of boat lifts and piers. Typically, a conditional use permit is required to allow these outdoor activities. Conditional use permits are granted by Council following a public hearing before the Planning and Zoning Commission to allow for public input regarding the request. Director Napolitano stated Mr. Schuh has secured the necessary paperwork to make application before the Planning and Zoning Commission. The soonest available Planning and Zoning Commission meeting would be April 5, 2007 followed by Council consideration in late April. Because his business is seasonal, Mr. Schuh is seeking Council permission to begin operating his business while going through the conditional use process. Director Napolitano stated while it is unusual for the City to allow a use on a property while the applicant is seeking a conditional use permit, it may be beneficial in this instance as the City would be able to observe how the business is being operated. It is _ Staffs recommendation that a temporary use be granted only subject to the following conditions: 1] The applicant shall file all necessary paperwork to have the conditional use permit request considered at the April 5, 2007 regularly scheduled March 12, 2007 Page 3 Planning and Zoning Commission meeting; 2] The outdoor display, sales, and storage areas shall be on paved surfaces in accordance with the attached site plan; and 3] The temporary use permit shall be null and void if the applicant does not obtain a conditional use permit from the City. Alderman Santi verified with Director Napolitano that following due process the applicant would come before Council to seek a conditional use permit pursuant to the hearing before the Planning and Zoning Commission. Alderman Glab requested the date of June 1, 2007 be included in the motion regarding compliance with all of Staffs requests/conditions. Alderman Murgatroyd stated he would prefer the temporary conditional use permit be effective only if approval is received by the Planning and Zoning Commission. Alderman Condon stated she respected Alderman Murgatroyd's concerns; however time is of the essence so she supports the approval as per Staffs recommendation. Mr. Schuh addressed Council noting the docks and boat lifts would be new. He stated he is looking to locate at this site long-term. His business has expanded and he now requires more space than was previously available to him at his former location. .._. Alderman Murgatroyd stated he had nothing against the business. However, he is concerned about granting the use prior to its consideration by the Planning and Zoning Commission. Motion by Santi, seconded by Wimmer, to accept Staffs recommendation to grant a temporary use permit to Rodney Schuh for the outdoor display, sales and storage of boat lifts and piers for his business located at 2350 West Route 120 subject to the following conditions: 1] The applicant shall file all necessary paperwork to have the conditional use permit request considered at the April 5, 2007 regularly scheduled Planning and Zoning Commission meeting; 2] The outdoor display, sales, and storage areas shall be on paved surfaces in accordance with the attached site plan; and 3] The temporary use permit shall be null and void if the applicant does not obtain a conditional use permit from the City. Voting Aye: Santi, Glab, Schaefer, Wimmer, Condon Voting Nay: Murgatroyd. Absent: Peterson. Motion carried. March 12, 2007 Page 4 ORDINANCE GRANTING CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE OF VEHICLES IN CONJUNCTION WITH AN AUTOMOBILE REPAIR FACILITY AT 908 NORTH FRONT STREET Director Napolitano stated applicant Pablo Gomez, owner of Primo's Auto Repair, has made application for a conditional use permit to allow the outside storage of vehicles in conjunction with his business at 908 North Front Street. The site was once occupied by Gary Lang Auto Group and was used for vehicle repair. The automobile repair shop would join a motorcycle repair facility already operating on the multi-tenant site. Director Napolitano noted the Planning and Zoning Commission at a public hearing held on February 15, 2007 unanimously recommended approval subject to the following conditions: 1] The conditional use permit shall be null and void if the motor vehicle repair shop ceases operation for ninety (90) consecutive days; 2] The outdoor storage shall be limited to six (6) vehicles that have been dropped off for repair or are waiting to be picked up after being repaired; 3] No vehicles currently under repair shall be stored outside; 4] The location of these vehicles should be limited to just outside the tenant space, along the north side of the building, or along side the existing chain link fence to the rear of the property; 5] Outside storage parking spaces shall be striped to ensure no more than six (6) vehicles shall be stored outside on the premises; 6] The applicant shall obtain all necessary building and occupancy permits to operate his business. Alderman Condon stated she does not believe this is the best location for this business, but would rather see the space occupied than left empty. Alderman Glab stated he believes the proposed ordinance granting the conditional use permit is clear. He does not believe six cars being stored on the site would have a negative impact. Motion by Murgatroyd, seconded by Schaefer, to accept the unanimous recommendation of the Planning and Zoning Commission to pass an ordinance granting a conditional use permit to allow the outside storage of vehicles to Pablo Gomez for his automobile repair business located at 908 North Front Street, subject to the following conditions: 1] The conditional use permit shall be null and void if the motor vehicle repair shop ceases operation for ninety (90) consecutive days; 2] The outdoor storage shall be limited to six (6) vehicles that have been dropped off for repair or are waiting to be picked up after being repaired; 3] No vehicles currently under repair shall be stored outside; 4] The location of these vehicles should be limited to just outside the tenant space, along the north side of the building, or along side the existing chain link fence to the rear of the property; March 12, 2007 Page 5 5] Outside storage parking spaces shall be striped to ensure no more than six (6) vehicles shall be stored outside on the premises; 6] The applicant shall obtain all necessary building and occupancy permits to operate his business. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. (Motion carried. ORDINANCE GRANTING USE VARIANCE AND SETBACK VARIANCE TO ALLOT OUTDOOR SEATING IN CONJUNCTION WITH A RESTAURANT AT DUNNHILL'S STEAK AND CHOP HOUSE, 1501_SOUTH ROUTE 31 Director Napolitano stated Louis Lambros of Dunnhill's Steak and Chop House has requested a use variance and setback variance to allow canopied outdoor seating for his restaurant located at 1501 South Route 31. The proposed outdoor seating is located on the northeast corner of the building. The Planning and Zoning Commission at a public hearing held on March 1, 2007 unanimously recommended approval of the request. Alderman Condon stated the proposed site plan looks good and the outdoor seating will complement the restaurant. Aldermen Wimmer and Santi concurred. Alderman Glab inquired about parking, noting he recalls previous issues regarding -- parking on the premises. Director Napolitano stated he had researched the parking requirements and the restaurant would still be in compliance with ordinance requirements following the addition of exterior dining areas. Alderman Schaefer expressed concern with the outside entrance to the dining areas. Director Napolitano stated the fence gate would not be a point of entry. The gate would be posted for emergency exit only. Responding to an inquiry from Alderman Murgatroyd, Director Napolitano stated there would be no restrictions on the use variance. The outdoor seating area could be used only if weather permits. Alderman Glab inquired if the parking requirements increased if the restaurant seating increased. Director Napolitano responded the ordinance states that if less than a 20% increase in seating occurs, no additional parking stalls are required. Alderman Glab stated he could not support the request without parking issues being addressed. Mayor Low stated her support of the request. She noted the City has worked very hard to bring business to McHenry. This type of dining experience is a complement to the community. Motion by Wimmer, seconded by Condon, to accept the unanimous recommendation of the Planning and Zoning Commission to pass an ordinance granting a use variance and setback variance to allow canopied outdoor seating areas at Dunnhill's March 12, 2007 Page 6 Steak and Chop House located at 1501 South Route 31. "�- Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: Glab. Absent: Peterson. Motion carried. ORDINANCE GRANTING CONDITIONAL. USE PERMIT TO ALLOW OUTDOOR SEATING IN CONJUNCTION WITH A RESTAURANT TO CHRISTIAN KHAYAT, 2314 WEST ROUTE 120 In attendance was Irene Edgar, architect for the project. Director Napolitano stated Christian Khayat is opening a restaurant at 2314 West Route 120. Mr. Khayat has requested a conditional use permit to allow outdoor seating in conjunction with his restaurant at this location. The proposed outdoor seating area would be located at the southwest comer of the building. Entry would be gained solely from within the restaurant. Director Napolitano stated the Planning and Zoning Commission at a public hearing held on February 15, 2007 unanimously recommended approval of the request. Alderman Condon stated she is uncomfortable with the request due to its proximity to an existing residential neighborhood. She inquired as to the hours of operation of the restaurant and asked if the applicant would consider closing the outdoor seating area at 10:00 P.M. Alderman Schaefer inquired about existing ordinances governing outside service of food and beverages. City Administrator Maxeiner responded the hours of operation are tied to the restaurant's liquor license. Mayor Low indicated she would not care to begin specifying hours of operation for a particular restaurant without limiting all restaurants which currently have outside service of food and beverages. Alderman Santi inquired about the size of the outdoor seating area. Director Napolitano responded it appears to be approximately 720 square feet. Ms. Edgar addressed Council indicating there would be no outside live music on the premises. Motion by Schaefer, seconded by Santi, to accept the unanimous recommendation of the Planning and Zoning Commission to pass an ordinance granting a conditional use permit to allow outside seating for the restaurant located at 2314 West Route 120. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer. Voting Nay: Glab, Condon. Absent: Peterson. Motion carried. March 12, 2007 Page 7 ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 24, ARTICLE 11, WEED - MOWING FEES Director Napolitano reported the Community Development Committee recently reviewed the City's policy and reimbursement fees for weed mowing and property maintenance. Following discussion, it was the Committee's unanimous recommendation to increase mowing and property maintenance fees as follows: Lot Size Current Fee 2006 Fee with CPI Committee/Staff Adjustment Recommendation Under 10,000 sf $50 $60 $70 10,000 sf—20,000 sf $60 $72 $85 20,001 sf—1 acre $70 $84 $1 For each additional acre or $70 $84 $100 fraction thereof Director Napolitano noted the Committee suggested a 15% administrative fee (of the total cost for removal) be assessed for neglected property maintenance cleanup. Director Napolitano stated the Committee also recommended the City's Weed Mowing Program be discontinued at the end of the 2007 mowing season. The Program is an administrative headache. The property owners who have availed themselves of the Program in the past have been provided with a very inexpensive way to keep their property maintained according to City ordinance. However, the fees paid for the service have not covered the cost to do all of the paperwork, billing, notification, and mowing entailed in the Program. It was the opinion of the Committee that if the Program is discontinued at the end of the 2007 growing season, property owners could be alerted to its discontinuance, and would therefore have adequate time to make other arrangements for property maintenance for the 2008 season. Alderman Glab inquired why the City would do away with a program that works. He stated he would support adding additional fees. He opined the program has improved over the years. Alderman Schaefer stated he has some concerns about eliminating the program. Motion by Santi, seconded by Wimmer, to accept the recommendation of the Community Development Committee to increase the mowing fees and property maintenance fees as follows: Lot Size Current Fee 2006 Fee with CPI Committee/Staff Adjustment Recommendation Under 10,000 sf $50 $60 $70 10,000 sf—20,000 sf $60 $72 $85 20,001 sf—1 acre $70 $84 $100 For each additional acre or $70 $84 $100 fraction thereof and to charge a 15% administrative fee (of the total cost of neglected property cleanup); and to discontinue the Weed Mowing Program at the end of the 2007 growing season. City Attorney Rogers advised Council that an additional ordinance would have to March 12, 2007 Page 8 come before Council regarding elimination of the program. Alderman Glab requested an amendment to the motion on the floor. Alderman Santi amended his motion removing the reference to discontinuing the Weed Mowing Program at the end of the 2007 growing season. Alderman Wimmer concurred. Motion by Santi, seconded by Wimmer, to accept the recommendation of the Community Development Committee to increase the mowing fees and property maintenance fees as follows: Lot Size Current Fee 2006 Fee with CPi Committee/Staff Adjustment Recommendation Under 10,000 sf $50 $60 $70 10 000 sf—20,000 sf $60 $72 $85 20,001 sf—1 acre $70 $84 $100 For each additional acre or $70 $84 $100 fraction thereof and to charge a 15% administrative fee (of the total cost of neglected property cleanup). Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. CHANGE ORDER NO, 1 INCREASING PHASE I RIVERWALK LANDSCAPING CONTRACT WITH LANDSCAPE CONCEPTS CONSTRUCTION IN THE AMOUNT OF $5,934 Assistant City Administrator Hobson reported Council at its October 16, 2006 regularly scheduled meeting approved a landscaping contract for Riverwalk Phase I with Landscape Concepts Construction in the amount of$81,908. Assistant City Administrator Hobson noted one of the features of the landscape plan was a landscape berm constructed adjacent to McHenry Villa parking lot. The berm has been constructed and is obstructing the naturally occurring sheet drainage from the parking lot to Boone Creek. The City Engineer suggested installing five yard drains and appropriate piping to assist with the drainage from the parking lot. The cost for this change in the landscape plan is $5,934. It is Staffs recommendation to approve the change order. Alderman Glab inquired if the construction of the yard drains and piping would increase the cost of the contract. Assistant City Administrator Hobson stated that is correct. Motion by Schaefer, seconded by Murgatroyd, to accept Staffs recommendation to approve Change Order No. 1 increasing Riverwalk Phase I landscaping contract with Landscape Concepts Construction in the amount of$5,934. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. March 12, 2007 Page 9 Voting Nay: None. Absent: Peterson. Motion carried. MAYOR—STATEMENT AND REPORT Mayor Low announced the CHARACTER COUNTS! Coalition is attempting to coordinate efforts to increase citizen awareness in the six pillars of the program. There is now a community-wide plan scheduled to highlight the pillars. The pillar of the month for March is Trustworthiness. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS City Administrator Maxeiner reported there will be a brief agenda for Council's next meeting. It will be a workshop meeting for CIP presentation. Finance Director Black will introduce the preliminary 2007-2008 budget. FUTURE AGENDA ITEMS Alderman Condon stated traffic at Crystal Lake Road and Dartmoor Drive is extremely dangerous for children to cross. She noted there are no sidewalks for pedestrian traffic in this area. Alderman Condon stated a flashing light is again being requested in the CIP to bring motorists attention to children in the crosswalk. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 8:34 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. The Meeting was adjourned at 8:34 p.m. MAYOR CITY CLERK